Who is liable for slip and falls on icy sidewalks?: Sivan Tumarkin with 640 Toronto

Interview Summary

As winter storms have caused vast amounts of snow clean-up across Ontario, sidewalks and pathways have become treacherous to navigate for many. Who is ultimately responsible if an individual slips and falls on an icy sidewalk? Are homeowners liable?

Sivan Tumarkin, an Ontario disability lawyer and Co-founding Partner at Samfiru Tumarkin LLP joined John Oakley on 640 Toronto to answer these questions and more on liabilities.

Interview Notes

• Liable for sidewalk accidents: Tumarkin explained that sidewalks are considered to be municipal property with some exceptions. “There is an understanding that people should be taking care of the sidewalk that is part of their property.” Homeowners could be held liable if it is a sidewalk right next to one’s property, particularly if neighbours maintain their walkways; the context would ultimately matter.
• Signage to cover liability for business owners: “Business owners would not necessarily be covered by signage,” Tumarkin noted. He went on to reiterate that once again, the liability would be fact-driven. “The fact you might have a sign out there does not negate the obligation to make sure people are safe. When you have a sign you are informing the public there is a problem, but this does not mean you don’t have an obligation to take care of the problem.”
• Delivery driver accidents: Tumarkin explained that delivery drivers who might incur injuries on your property could seek legal action through a personal injury lawyer. “That injury lawyer will say ‘Why didn’t you take care of that area’,” said Tumarkin.

Related Resources

For further insights and discussions related to personal injury claims explore the following resources:

• Slip and fall accidents